[Ord. #2013-04 § 2]
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them in this section:
The administration by any person or method of exerting or
applying pressure, friction, moisture, heat or cold to the human body,
or the rubbing, stroking, kneading, pounding or tapping of the human
body by any physical or mechanical means for any form of consideration.
Any establishment or operation wherein a therapeutic massage
is administered or is permitted to be administered, when such massage
is administered for any form of consideration.
[Ord. #2013-04 § 2]
No person, firm or corporation shall operate any establishment
or utilize any premises in the Township of Plumsted in the County
of Ocean as or for a therapeutic massage establishment unless or until
they have first obtained a license for such establishment or premises
from the Township Clerk of the Township of Plumsted, in accordance
with the terms and provisions of this chapter.
[Ord. #2013-04 § 2]
No person shall render or perform services as a masseur or masseuse
or engage in the business of or be employed as a masseur or masseuse
unless and until he or she has obtained a masseur's or masseuse's
license from the State of New Jersey in accordance with N.J.S.A. 45:11-73
et seq.
[Ord. #2013-04 § 2]
Each and every applicant for a license for a therapeutic massage
establishment or premises shall set forth the following information
in writing on forms provided by the Township Clerk.
A.
The name and residence address of the applicant and all former addresses
for a period of three (3) years prior to making the application.
B.
The address of the establishment or premises to be used in the therapeutic
business and a physical description of the property and facilities
if the applicant desires a license for said establishment or premises.
C.
A statement as to whether or not the applicant, or any officer or
director thereof, if a corporation, has ever been convicted of a crime
in this or any other state.
D.
In accordance with Chapter 14A-1. "Policy" applicants are subject
to criminal history record checks, including fingerprinting.
[Ord. #2013-04 § 2]
The applicant for a license for a therapeutic massage establishment
or premises shall pay an annual license fee of one hundred fifty dollars
($150), which license fee shall become due on the first of January
in each year.
[Ord. #2013-04 § 2]
When an application is filed for a therapeutic massage establishment
license under this chapter, the Township Committee shall fix a time
and a place for a public hearing where the applicant may present evidence
upon the question of his or her application. Not less than ten (10)
days before the date of such hearing, the Township Clerk shall cause
a notice of said hearing to be published in an official newspaper
of the Township.
[Ord. #2013-04 § 2]
A.
The Township Committee may issue a therapeutic massage establishment
license within fourteen (14) days following a hearing if all requirements
for a therapeutic massage establishment described in this chapter
are met, unless it is found:
(1)
That the operation as proposed by the applicant if permitted would
not have complied with all applicable laws including, but not limited
to, the Building, Health, Housing, Zoning and Fire Codes of the Township
of Plumsted.
(2)
That the applicant and any other person who will be directly engaged
in the management and operation of a therapeutic massage establishment
has been convicted of:
(3)
Based on the past criminal record of the applicant, or the principal
thereof, or based on other evidence of bad character or morals, it
is found that the granting or renewal of the license would tend to
encourage or permit criminal or immoral activities within the Township
of Plumsted.
B.
The Township Committee, in its discretion, may issue a license to any person convicted of any of the crimes in Subsection A(2)(a), (b) and (c) if it is found that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
[Ord. #2013-04 § 2]
A.
Any license issued for a therapeutic massage establishment may be
revoked or suspended by the Township Committee, after public hearing
before the Township Committee, where it is found that any of the provisions
of this chapter are violated and where the licensee has actual or
constructive knowledge of the violation or, in any case, where the
licensee refuses to permit any duly authorized police officer or Health
Inspector of the Township of Plumsted to inspect the premises or the
operations therein.
B.
The Township Committee, before revoking or suspending any license,
shall give the licensee at least ten (10) days written notice of the
charges against the licensee and the opportunity for a public hearing
before the Township Committee, at which time the licensee may present
evidence bearing upon the question. In such cases, the charges shall
be specific and in writing.
[Ord. #2013-04 § 2]
The provisions of this chapter shall not apply to therapeutic
massage or physical therapy treatments given:
A.
In the office of a licensed physician, chiropractor or physical therapist.
B.
In a regularly established medical center, hospital or sanatorium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists.
C.
By any licensed physician, chiropractor or physical therapist in
the residence of his patient.
[Ord. #2013-04 § 2]
A recognizable and legible sign shall be posted at the main
entrance to any building, or to the portion of a building used as
a therapeutic massage establishment, identifying the premises as a
therapeutic massage establishment, and recognizable and legible signs
shall be posted at all exits identifying each such exit. All such
signs shall be posted in accordance with all existing municipal ordinances.
[Ord. #2013-04 § 2]
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by imprisonment in the county jail for
a term not exceeding ninety (90) days, by a fine not exceeding two
thousand dollars ($2,000) and/or by a period of community service
not exceeding ninety (90) days, in the discretion of the Judge of
the Municipal Court.
